(A) Animals. Animals shall not be allowed on the harbor facilities unless securely restrained by a leash, chain, or other device which restricts their freedom, and under the control of a responsible person. No person shall leash or tie any animal on any harbor facility in such a manner that would create a danger to any other person using the walkway or other facility, or that would obstruct normal traffic on the facility.
(B) Boat launch. Persons may launch vessels or retrieve vessels from the waters of the harbor of the city from the designated boat launch facility. The use of the boat launch shall be at the vessel owner’s or operator’s risk. All persons launching or retrieving vessels using the boat launch facility shall exercise reasonable care to avoid damage to the boat launch facility or to other persons or property in or about the boat launch area. Use of the boat launch facility is subject to payment of such fee as may be determined by the City Council by resolution from time to time. The Harbor Commission shall establish appropriate procedures for the collection of such fees and may issue rules and regulations with respect to the use of the boat launch facility, and direct that appropriate signage be placed to advise the public as to the rules and regulations with respect to use of the boat launch facility.
(C) Children. Children under the age of 14 years shall not be allowed on any harbor facility unless wearing a Coast Guard approved life jacket, or unless accompanied and supervised by a parent, guardian, or other responsible adult.
(D) Condition of vessels and other property.
(1) Every vessel and all other personal property moored at or located on harbor properties or facilities of the city shall be kept and maintained in such condition of repair, maintenance, neatness, and orderliness so as not to constitute a condition of nuisance, substantial danger or risk, or harm to persons or property, or facilities. Every vessel moored at harbor properties or facilities of the city must, at all times, be completely seaworthy, fully operational, and ready for immediate cruising in local waters under its own power. Lack of seaworthiness may result in removal of the vessel as a hazardous vessel unless:
(a) The vessel is undergoing short-term (30 days or less) repairs that render the vessel inoperable; or
(b) Authorization has been obtained from the city to effect repairs rendering the vessel inoperable for longer than 30 days.
(2) In no event shall the vessel be rendered inoperable for a period exceeding 90 days.
(E) Fish cleaning. No person shall clean or process fish or shellfish on any harbor facility or from any vessel secured thereto, except in areas so designated by the city.
(F) Fishing and crabbing. No person shall fish or crab from any harbor facility except from 30 minutes before sunrise to 30 minutes after sunset. All fishing and crabbing gear shall be removed from the harbor facilities within 30 minutes after sunset.
(G) Harbor equipment. All city-owned equipment shall be operated by city employees only. Harbor equipment includes but is not limited to the port boat and hoist. Use of the port boat or hoist is subject to payment of such fee as may be determined by the City Council by resolution from time to time.
(H) Moorage facilities. Prior to using the harbor facilities for moorage by any vessel, the owner/operator shall contact the city and register the vessel and obtain a moorage use permit for the moorage of the vessel. With the exception of transient moorage, payment for the moorage shall be made in advance prior to the mooring. Transient moorage shall be made in advance or within 12 hours of commencement of use of harbor moorage, the owner/operator shall register and pay for transient moorage.
(I) Performance of maintenance.
(1) No person shall perform maintenance on any personal property except in those areas so designated by the city.
(2) No person shall perform any type of maintenance on a vessel except in a safe and workmanlike manner, and shall not create, suffer, or permit any offensive or hazardous conditions while so performing.
(3) No tools, equipment, parts, or materials shall be placed on or about the maintenance area that would create an offensive or hazardous condition, or impede public access or use of the facility.
(J) Storage/designated storage areas. No person shall store supplies, materials, or equipment on any harbor facility or any other public area of the harbor except in areas designated by the city and with prior consent by the city. Persons may use such storage areas as designated by the Harbor Commission in accordance with the following provisions.
(1) Any person, except the city, desiring to store floating docks, cranes, and personal property, such as crab pots, in the designated storage area shall apply to the city for permission. Upon payment of the required fee (as set by the City Council by resolution), and providing space is available, the docks, cranes, or personal property may be stored in a designated storage area between October 1 to May 31. Storage beyond these dates must be specifically authorized in writing by the city.
(2) Floating docks stored within the storage area shall not be stacked over three docks in height.
(3) Persons using the storage facilities shall be responsible for the items stored and for injuries to persons or other property caused by the persons using the storage facilities or their items stored therein.
(4) No storage boxes shall be allowed on harbor docks.
(5) Storage of sport crab pots is allowed on docks during crab season, plus two weeks. Any other personal property will be allowed at the harbormaster’s discretion. In the event a person who is storing personal property on harbor facilities fails to comply with the terms and conditions of this subchapter or fails to remove all items stored, the city shall have the right to move and relocate any personal property left on the harbor facilities, or to declare the property abandoned and proceed with disposition pursuant to § 92.14(B) of this subchapter. The removal and relocation of personal property by the city shall be at the risk of the owner and/or person in lawful possession who failed to remove the items of personal property and the owner and/or person in lawful possession shall pay to the city a fee of $50 for said removal and relocation, plus the actual costs of storage incurred by the city.
(K) Structures. No buildings or structures of any nature whatsoever shall be placed or constructed on city properties or facilities without prior written approval of the city.
(L) Swimming and diving. No person shall swim or dive from any harbor facility without written authority from the city. This section shall apply to recreational swimming and diving.
(Ord. 292, passed 12-18-2012) Penalty, see § 11.99